Case law

Muhammed Al-Idrisi

United States Bankruptcy Court, D. Massachusetts · Nov 12, 2021

“The burden of proof is on the [Trustee] to establish these conditions by a preponderance of the evidence.” Conti v. Laroque (In re Heinze), No. 02-83050C-7D, 2008 WL 3200216, at *2 (Bankr. M.D.N.C. Aug. 1, 2008). … Clearly, a move would be disruptive to a minor student under any circumstance. In this case, such a disruption is mitigated slightly by the time that will be required to close a sale and possibly to evict Mr.

Desmond v. Edrissi

United States Bankruptcy Court, D. Massachusetts · Nov 12, 2021

“The burden of proof is on the [Trustee] to establish these conditions by a preponderance of the evidence.” Conti v. Laroque (In re Heinze), No. 02-83050C-7D, 2008 WL 3200216, at *2 (Bankr. M.D.N.C. Aug. 1, 2008). … Clearly, a move would be disruptive to a minor student under any circumstance. In this case, such a disruption is mitigated slightly by the time that will be required to close a sale and possibly to evict Mr.

McKinnon v. Unum Group

District Court, D. Massachusetts · Feb 1, 2021

(Ex. 63 at 88-154, Docket No. 74-41). 5 Neither party clearly defines objective vs. subjective evidence. … Plaintiff’s Provident and Equitable policies state that to qualify for total disability coverage, the claimant must be unable to perform the material and substantial duties of her occupation.

Fernando v. Federal Insurance Co.

District Court, D. Massachusetts · Mar 14, 2022

own exclusion or exception from the hearsay rule, e.g., as party admissions or as qualifying under some other hearsay exception.” … Merrell Dow Pharms., Inc., 509 U.S. 579 (1993) (“Daubert”) (establishing evidentiary standard for admission of expert testimony); Com. v.

Thayre v. Town of Brookline

District Court, D. Massachusetts · Feb 19, 2021

During deliberations, Board Chair Johanna Schneider said she “hate[d] the idea that the timing of this is such that [the Board is] being forced to weigh in on this when clearly the issue of Airbnbs is not currently contemplated … Roommate.com, LLC to support her argument that the relationship she establishes with guests, which she parallels to the relationship between roommates, qualifies for protection under Roberts, as “[p]eople

Page v. Berryhill

District Court, D. Massachusetts · Dec 27, 2018

Feb. 7, 2014) (any error in failing to recognize Plaintiff's spinal impairment at Step Two was harmless because "[t]he ALJ clearly considered [p]laintiff's spinal issues . . . when assessing her RFC" as shown by the ALJ's … "An 'other source,' such as a nurse practitioner . . . cannot establish the existence of a medically determinable impairment, though such a source may provide insight into the severity of an impairment, including its impact

Rowley v. City of New Bedford

District Court, D. Massachusetts · Sep 24, 2019

The United States District Court for the Western District of Texas clearly described the role of USDA-APHIS assessments as follows: APHIS … In addition, the “exhibitor shall establish and maintain programs of adequate veterinary care that include . . .

XL Specialty Insurance v. Massachusetts Highway Department

31 Mass. L. Rptr. 147 · Massachusetts Superior Court · Jan 3, 2013

To anyone schooled in the genre, this schedule clearly showed—and it was a fact already known to MassH-ighway and made explicit in the plans (Ex. 2, sheet 8)—that construction of the temporary earth supports and the drill … The fact that some'delay claims may not qualify, under the contract terms, for monetary relief does not, standing alone, take those claims “outside the contract.” 3. Farina Brothers.

Eaton v. Town of Townsend

District Court, D. Massachusetts · Mar 30, 2022

The disability discrimination statutes envision a “cooperative” and “flexible” process that “involves both the employer and the qualified individual with a disability.” Rennie v. United Parcel Serv., 139 F. … an employer engages in an interactive process with the employee, in good faith, for the purpose of discussing alternative reasonable accommodations, but the employee fails to 17 Townsend contends that Eaton did not clearly

Eaton v. King

District Court, D. Massachusetts · Mar 30, 2022

The disability discrimination statutes envision a “cooperative” and “flexible” process that “involves both the employer and the qualified individual with a disability.” Rennie v. United Parcel Serv., 139 F. … an employer engages in an interactive process with the employee, in good faith, for the purpose of discussing alternative reasonable accommodations, but the employee fails to 17 Townsend contends that Eaton did not clearly

Harrington v. Lesley University

District Court, D. Massachusetts · Aug 12, 2021

Harrington bears the burden of establishing that the continuing violation doctrine applies. See Shervin v. … To establish the availability of the continuing violation doctrine, a plaintiff must allege three prerequisites.

Amgen, Inc. v. Hoechst Marion Roussel, Inc.

126 F. Supp. 2d 69 · District Court, D. Massachusetts · Jan 19, 2001

However, this finding is insufficient to establish infringement under the doctrine of equivalents. … In order to serve this policy purpose, “the description must clearly allow persons of ordinary skill in the art to recognize that [the inventor] invented what is claimed.”

SiOnyx, LLC v. Hamamatsu Photonics K.K.

District Court, D. Massachusetts · Aug 30, 2018

HC, as the petitioner, and HPK, as an identified real party-in-interest in the IPR, clearly fall within the statutory definition. … But it is at least doubtful, in light of Halo, whether evidence establishing that an infringer should have known of the existence of certain patents (but did not know their exact contents) can suffice to establish that

American Civil Liberties Union of Massachusetts v. Immigration and Customs Enforcement

District Court, D. Massachusetts · May 8, 2023

To meet this burden, ICE must establish that it “made a good faith effort to conduct a search for the requested records, using methods which can be reasonably expected to produce the information requested.” … To qualify as a good faith search, ICE must show that its methods “were reasonably expected to produce the information requested.” Kidd, 362 F. Supp. 2d at 294.

Holloway

District Court, D. Massachusetts · Mar 20, 2026

Standard for Entitlement to Disability Benefits To qualify for benefits, claimants must demonstrate that they are “disabled” within the meaning of the Social Security Act. … Clearly, ALJs cannot be expected to perform a comparison of each and every one of every claimant’s severe impairments to each and every listing. However, 20 C.F.R.

Smartling, Inc. v. Skawa Innovation Ltd.

District Court, D. Massachusetts · Jan 31, 2019

The Trade Dress At Issue As an initial matter, “the burden to clearly identify the trade dress at issue is on the plaintiff.” … “‘Although whether a particular set of acts, in their factual setting, is unfair or deceptive is a question of fact . . . the boundaries of what may qualify for consideration as a [Chapter] 93A violation is a question of

Ryan v. The Newark Group, INC.

District Court, D. Massachusetts · Nov 18, 2024

In general, “court filings are recognized not for the truth of the matters asserted within them, but instead only to establish the fact that related litigation has been initiated or to establish that the fact that documents … This lacking factual foundation could not establish Harvard’s liability to the Plaintiffs on any claim.

Roe v. Mayorkas

District Court, D. Massachusetts · May 12, 2023

It was at this point, Plaintiffs contend, that USCIS abandoned the existing standards for qualifying for humanitarian parole and adopted new ones. [Id. ¶ 54]. C. … “Such actions clearly and directly involve a foreign affairs function, and so fall within the exception without a case-by-case iteration of specific undesirable consequences.” Id.

Savino v. Hodgson

District Court, D. Massachusetts · May 12, 2020

In sum, the virus is clearly present in BCHOC, though its current prevalence is unknown. … Nonetheless, there remain critical safety gaps that establish a likelihood of irreparable harm in the absence of preliminary equitable relief.

Lan Global, Inc. v. Alchemy Telco Solutions US, LLC

District Court, D. Massachusetts · Sep 26, 2024

Within the framework of the MPA as a whole, “‘Working’ condition” is clearly understood to mean “functional.” Under the MPA, Alchemy was obligated to provide Lan Global with functional, or “working,” devices. … Under that Rule, a qualified expert may testify in the form of an opinion or otherwise if: (a) the expert's . . .